HomeMy WebLinkAbout07602 ORD - 06/09/1965AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO
EXECUTE A LEASE AT THE CORPUS CHRISTI INTERNATIONAL
AIRPORT WITH THE UNITED STATES OF AMERICA FOR THE
LEASING OF QUARTERS FOR AIRPORT.TRAFFIC CONTROL TOWER
AND SYSTEMS MAINTENANCE SECTOR, FEDERAL AVIATION
AGENCY, A COPY OF WHICH LEASE IS ATTACHED HERETO
AND MADE A PART HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS;
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY
AUTHORIZED AND DIRECTED, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TO EXECUTE A LEASE FOR THE LEASING OF QUARTERS FOR AIRPORT
TRAFFIC CONTROL TOWER AND SYSTEMS MAINTENANCE SECTOR, FEDERAL AVIATION
AGENCY, AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, SAID LEASE TO
BE BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES OF AMERICA,
AND TO BE FOR A TERM OF FIVE YEARS, ALL AS MORE FULLY DESCRIBED IN THE
LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
7602
Ap B. Standard P'onh No. a (Rovlsed) •
ADDroTt'd by the 1D36of the Tro..ury
1 LEASE Fd66SW 11 p
BETWEEN
CITY OF CORPUS CHRISTI
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AND. -\ ,�,.�,.�,r ,.���. \V-\
- THE UNITED STATE9 OF AMERICA -
]I1 1. THIS LEASF, made and entered into this : \ r Y ; ; day of ;
in the year one thousand nine hundred and aixty >five . , , i ;'t `, .' by and between
CITY OF CORPUS CHRISTI
r'.Vhoseaddressis. e;LCprpus•.Christi International Airport ctr' r: S, L,) n T
_ a -c t. . )cr •r. Post OfficedBois:: 1622 _c _uJ . c n . _ r•r r, .::a r.. _Ls
Corpus Christi, Texas .r.
r "arre.ey,, eJ
-
for-,itself, its f;, Uj rhjhjjd11'Gbt$,/admmistrat9rs, successors, and assigns, hereinafter calks
the Lessor, "and \THE UNITED STATFiS OF,. AMERICA, hereinafter called the Government.
WITH ssETtl: Tlie 'pa' rties hereto for' "the considerations l e- remafter mentioned covenant and
agree as follows:
2. The Lessor hereby leases to the Government the following- described premises, viz:
One room on the first floor, three rooms on the third floor, four rooms on the
fourth floor, six rooms on the fifth'floor and one room on the 6th floor, con»
twining respectively 175, 530, 51, 352, 700, 86, 96, 320, 395, 144, 124, 58,,
320, 102 and 272 square feet, for a total area of appro::imately 3,725 squ4-3 feet
of floor space, all of said space located in the Control Tower structure at
j Corpus Christi International Airport, Corpus Christi, Nueces County, Texas,
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to be used exclusively for the following purposes (see instruction " No. 8) :` �Qdar'ters'fdr' ` L' `
Airport Traffic Control Tower and Systems Maintenance Sector, Federal Aviation
Agency, Corpus Christi, Texas, o ',
3. To HAVE AND TO HOLD the said premises with their appurtenances for the term beginning
July l,'1965, 1
and ending with June 30, .1966. - `
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•The Government shall not assign this I
ease ]n any event, and shall not - sublet the demised
premises except to a desirable tenant, and for a similar purpose, and will not permit the use of said
j premises by anyone other than the Government, such sublessee, and the agents and servants of the
Government, or of such sublessee.
j l;• xhl�Yc' bkd{ �1d�f,l ak/ tllkl q' pt% �n' �Y�bfd�b�Gkl( dd�k�, INdI" ddd�if2Jktdd� l�da�r/b4��iddd�t«/n�tli;iUdil
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rind /atHi;htlshJr[�Sdd kHk hk/ a' r! d' kb/ idiildnt/Hd�foi>i /sfli.�ff /o(Y, /1�itXdtY/�bfi�kMd &Ydc:4✓idH/Yitifr�
t' dikfdY, EdsE�/ ak4� :(slt/ / / / / / / / / / / / / / / / / / / / / /dd dKeli% 4• Hftr�s' ida�k/ dr/ ��iylhkfik�vGl�tH��ob� /dibdl'd'
btrh�lkf sd /�vf�lVd9k'kbr✓f�YetU 1UdV,l�6/tddo� /dV /U�rbb { /shFalYklti✓oiliY �Ud 11>�ki'otYbt /oh,EH$�lfd�+/of /1�d
6. The Lessor shall furnish to the Government; during the occupan�cy_of said premises, under
the terms of this lease, as part of the rental consideration, the following:
The Government shall have the Tightr. and - privilege- to instalL,'operate and maintain
antenna wires and appurtenances on top of the Control'Tower °.Structure, or such
other location on airport property as deemed ' necessary, together with the right
i to install, operate and maintain necessary connecting cable from such installations
to the Airport Traffic Control Tower, provided that the approval "for such'-install-
ations is first obtained from the Lessor's Airport Manager and provided further`
that such installations do not constitute a hazard to the operation of aircraft.
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t!] 171 '
7. The Government shall pay the Lessor for the premises rent at the following rate: One and
No /100 ($1.00) per annum, the receipt and sufficiency of which are hereby
acknowledged.
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8: We Government shall have the right; &iir the existence oi; this lease; to make alterations
attach fixtures, and erect additions, structures, or signs, in or`upon �the`premises hereby leased
(provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent
with the rights granted to other tenants on the property or in the building in which said- premises
? are located) ; which fixtures, additions, or structures so placed in or upon or attached to the said
Premises shall be and remain the property of the Government and may be removed therefrom by
the Government prior to the termination of this lease, and the Government, if required by the Les,
sor, shall, before the expiration of this lease or renewal thereof, restore the premises to the samo
condition as that existing at the time of entering upon the same under this lease, reasonable and
ordinary wear and tear and damages by the elements or by circumstances over which the Govern,
ment has no control, excepted: Provided, however, that if the Lessof require=s such `restoration, the
Lessor shall give written notice thereof to the Government twenty (20) L days before
the termination of the lease.
L-
U. S. Standard Vorm No. 9 ,
(Reviser] Mey 6,1936)
(Shcet2) F166Sw- 110
9. The Lessor shall, unless herein specified to the contrary, maintain the said premises in good
repair and tenantable condition during the continuance of this lease, except in case of damage aris-
ing from the actor the negligence of the Government's agents or employees. For the purpose of so
maintaining the premises, the Lessor reserves the right at reasonable times to enter and inspect the
premises and to make any necessary repairs thereto.
10. If the said premises be destroyed by fire or other casualty this lease shall immediately ter -
minate. In case of partial destruction or damage, so as to render the premises untenantable, either
party may terminate the lease by giving written notice to the other within fifteen. days thereafter,
and if so terminated no rent shall accrue to the Lessor after such partial destruction or damage.
11. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any
share or part of this lease or to any benefit to arise therefrom. Nothing, however, herein contained
shall be construed to extend to any incorporated company, if the lease be for the general benefit of
such corporation or company.
See ATTACHMENT "A" r'
IN WITNESS wHEREOF,the parties hereto have hereunto subscribed their names as of the date
first above written.
MINWOUXX ATTEST: CITY OF CORPUS CHRISTI
QTY— SECRETARY - W_ -•._ -- _ - -_ 1Y: X
Lessor.
P. 0. Box 1622�CORPUS CHRISTI, TEXAS Title' ✓
(Address) _ _
APPROVED AS TO LEGAL FORM THIS UN ITED S TES o T lERIGA,
DAY of 1965' l ..,
B"-7 __- - -- --
CITY ATTORNEY hief
/eal_ Estate _and _Utilities Unit
Installation and)gf+Wgt iel Division
( FAA, Fort Worth, Texas 76101
(If Lessor is a corporation, the following certi cate shall be executed by the secretary or assistant
secretary.)
T. RAY KR I NG ��___�_� certify that I am the " CjT' SECRLjeRY
&VAMAKof the corporation named as Lessor in the attached lease; that H1E Re RT t____ —`
J - WHITNEY` who signed said lease on behalf of the Lessor, ,vas then
✓CITY MANAGER _ of said corporation; that said lease was duly signed for and
in behalf of said corporation by authority of its governing body, and is within the scope of its cor-
porate powers.
rcORPORATE�
T. RAY KR 1 NG 1. ssAL .1
�� - CITY SECRETARY
dNSTRUCTIONS TO BE OBSERVED IN Elie XECUTING LEASE Of real
1. This standard that form the lease tal all be used
on does not exceedo 100 and the term ofethe lease
property; except ket value
does not exceed 1 year the use of this form is optional. In all cases where the rental to be paid the annual
exceeds 2,00 Premises at the date of leasel shall
Alterations, improvements, and repairs of he rented
of the
premises to the Government shall not exceed 25 per centum of the amount of the rent for the firs
year of the rental term or for the rental term if less than 1 year.
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2. The lease shall be dated and the full name and address of the lessor clearly written
in paragraph I.
the floor and room number of
3. The premises shall be fully described, and, d case is rooms,
each room given. The language inserted at the end of article 2 of) t lease should specify only the
general nature of the use, that is, "office quarters," "storage agent of trustee on behalf of the lessor, two
l 4, Whenever the lease is executed or ey attorney, g
� authenticated copies of his power of attorney,•or tither, eviflehce to act on l?e1}alf of the lessor, shall
accompany the lease. shall
5; When the less-or of the lease. parnersh at shall be a gnedewith the partnership name, 11 Wed
be stated in the body
7 by the name of the partner signing the same.
g, Where the lessor is a corporation, the lease shall be signed with the corporate name, foi-
lowedbY the signature uested by the Government, evidence of his authority so to act shall be furni hed.
attested, ,
7. Under paragraph 6 of the lease insert necessary facilities to be furnished, such as heat, light,
janitor service, etc. -
8. There shall be no deviation from this form without prior authorization by the Director of
Procurement, except—
(a) Paragraph a may be drafted to cover a monthly tenancy or other period less than a
yam. h 6, if a renewal for a specified period other than a year; or fora period
(b) In paragraph and
optional with the Government is desired, the phrase "from year to year
shall be deleted Para
proper substitution made. If the right of renewal is not desired or cannot be secured p
graph 5 may be'deleted.
(c) Paragraph 6 may be deleted if theewner is not et furnish 9omaaybedeleted.
(d) If the premises are suitable without alterations, etc., paragraph in specified
' (¢) Paragraph 9 provides that the lessor shall, "unless herein specified to the contrary.
maintain the said premises'iic good repair, etc." A modification or elimination of this
r 1equirement would not therefor e'be a' deviation. h 10 may be deleted.
(f) 'In case 'the premises consist bf unimproved land, paragraph
(g) When executing leases covering premises in foreign countries, departure from the
standard form is permissible to the extent necessary to conform to local laws, customs, Or ed
practices.
(h) Abe1inserted,oflnotin conflict with the sttandardsprovisi ons,includinglla mutual upon, may Permit only the
right to terminate the lease upon a stated number of days'
as above provided.
lessor so to terminate would be a deviation requiring app
"thereof shall be entered
9. When deletions or other alterations are permitted specific notation
in the blank space following paragraph 11 before signing.
quiring 10. If the prope h leased should be taken to comply with the ll such statutory requirementsr 1
protect the tenant's rights,
FA66SW- 1 1 0
FEDERAL AVIATION AGENCY
AGREEMENT
OPERATION OF AIRPORT TRAFFIC CONTROL TOWER BY THE FAA
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#? THIS AGREEMENT, is attached to and made a part of Government Lease, Standard
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Form No. 2, covering the quarters occupied by the Government in connection with
the operation of the facility in the structure.
THIS AGREEMENT, by and between CITY OF CORPUS CHRISTI, TEXAS
Party of the First Part, and the United States of America, acting by and through -'
the FEDERAL AVIATION AGENCY, Party of the Second Part, WITNESSETH THAT:
WHEREAS, it is in the public interest that the Airport Traffic Control Tower .
at Corpus Christi International Airport be operated by the Party of the Second
Part in accordance with standards established by the Federal Government.
NOW, THEREFORE, for and in consideration of the operation of the Airport
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Traffic Control Tower at Corpus Christi International Airportby the Party of the
Second Part, subject to the availability of funds therefor, the Party of the
First Part agrees to the following conditions:
(1) As specified in the lease and as further specified in Technical Standard
Order No. N -13b, dated October 3, 1960, "Requirements for Airport Traffic Con -
trol Quarters," the Party of the First Part agrees to provide a Control Tower
structure meeting FAA standards.
(2) Party of the First Part agrees to allow the Federal Government the use of
such traffic control equipment as may be installed in the structure at any time
that the Party of the Second Part assumes active operation of the facility.
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(3) The Control Tower structure shall be properly maintained by the Party of
jthe First Part, as specified in the lease and TSO -N13b, including the main-
. tenance, repair and /or replacement, of adequate equipment and facilities for
heating, air conditioning, lighting and other utilities services.
(4) Party of the First Part shall pay for all current for boundary, flood and
obstruction lights, even though these lights may be operated by a Federal
controller in the Control Tower.
F
_ • FA66SW- 1 1 O•
2 '
(5) All airport lighting which is essential to safe aircraft operations and
which can be controlled from the control tower and all traffic control devices
which are designed to be remotely controlled, shall be under the control of
Federal employees in the control tower.
(6) Party of the First Part shall retain the responsibility for the proper
functioning of any light or other locally installed device which is placed at
the disposal of Federal airport traffic controllers.
(7) Party of the First Part shall retain the responsibility for the proper
functioning of apparatus necessary for traffic control, which cannot be placed
{ in operation or controlled from the control tower, or which is not otherwise
operated by the Party of the Second Part.
i (8) Party of the First Part shall advise the Chief Airport Traffic Controller
of any portions of the field which may be unsafe for normal use by aircraft and
shall properly mark such areas.
(9) Party of the First Part shall assume the responsibility for any conditions
on the airport which are not subject to control of a Federal airport traffic
controller on duty in the tower:
(10) Party of the Second Part shall have complete control over the operation
j of the control tower at all times and shall not be subject to the direction or
supervision of the Party of the First Part in that respect.
(11) Party of the First Part shall notify the Chief Airport Traffic Controller
or his representative before any maintenance or construction personnel are sent
out on the landing area unless such personnel -are proceeding in accordance with
a schedule which has been approved by the Chief Airport Traffic Controller.
(12) Insofar as the Party of the Second Part is concerned from a traffic stand-
point, the Party of the First Part may reserve any portion of the landing area
for any reason that it may deem proper or sufficient for as long a period as
the Party of the First Part desires, provided that any such area shall be
properly marked off and notice given of the change in available landing area
just as might be done when.a portion of the landing area is marked off for main-
tenance or construction. Providing that this section shall not be deemed to
affect any provision contained in any contract previously entered into between
the Party of the First Part and the United States Government concerning the use
of the said landing area.
(13) No Member of or Delegate to Congress or Resident Commissioner shall be
admitted to any share or part of this agreement or to any benefit to arise
therefrom. Nothing, however, herein contained shall be construed to extend to
any incorporated company, if the agreement be for the general benefit of such
corporation or company.
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Flsssw- I 1 0
ATTACHMENT "A"
i 12. This lease may, at the option of the Government, be renewed from
year to year upon the terms and conditions herein specified. The
Government's option shall be deemed exercised and the lease renewed
each year for one year unless the Government gives thirty (30) days'
notice that it will not exercise its option before this lease or any
renewal thereof expires; Provided, That no renewal thereof shall
extend the period of occupancy of the premises beyond the 30th day
fff of June, 1970.
13. The Government shall have the right and privilege to terminate
this lease at any time during the initial term of this lease, or any
renewal term thereof, by giving thirty (30) days' notice in writing
to the Lessor, such notice to be computed from the date of mailing.
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14. The words "heirs, executors" in Article 1, all of Article 5,
t and the phrase, "Payment shall be made at the end of each" in Article
7 were deleted, and this Article 14, as well as Articles 12 and 13
above and the Agreement for the Operation of Airport Traffic Control
Tower by the FAA, was added and made a part hereof prior to the
signature of any of the parties to this lease.
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A
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T THE FOREGOING ORDINANCE
PASSED TO ITS WAS R3115-FOR THE FIR i,rrE AND -�
SECOND READING ON THIS THE
19_, BY THE FOLLOWING VOTE: DAY OF -
0
DR. MCIVER FURMAN
JACK BLACKMON U
PATRICK J. DUNNE
- DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THAT THE FOREGOING ORD I NANgt AqkS READ FOR T VTIMEAND SED
TO ITS THIRD READING ON THIS THE DAY OF
BY THE FOLLOWING VOTE: ,
S
DR. MCIVER FU RMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALL CE
THAT THE FORE NG ORDINANCE W READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE DAY OF
FOLLOWING VOTE: \ �.Q 19 69 , BY THE
DR. MCI R FURMAN
JACK BLACKMON
n
PATRICK J. DUNNE �•�
DR. P. JIMENEZ, JR. Q
KEN MCDANIEL
IQ
RONNIE SIZEMORE 1
WM. H. WALLACE Q
PASSED AND APPROVED, THIS THE DAY OF
i' ATTEST:
CITY_SECR ETAR /
;APPROVED AS TO LEGAL FORM THIS, ~
= DAY OF % h i. 19 6
U MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
CITY ATTORNEY O
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